Charlton v Parliament of the Republic of South Africa (680/2010) [2011] ZASCA 132; 2012 (1) SA 472 (SCA); [2011] 12 BLLR 1143 (SCA); (2011) 32 ILJ 2419 (SCA) (16 September 2011)

Charlton v Parliament of the Republic of South Africa (680/2010) [2011] ZASCA 132; 2012 (1) SA 472 (SCA); [2011] 12 BLLR 1143 (SCA); (2011) 32 ILJ 2419 (SCA) (16 September 2011)

The Supreme Court of Appeal held that the Labour Appeal Court erred in entertaining the appeal against the dismissal of exception A, as the dismissal of an exception is generally not appealable unless it concerns jurisdiction. The court found that the Labour Court did not make a final determination on jurisdiction regarding exception F, and thus no appeal could arise in relation to it. The Labour Appeal Court should have struck Parliament's appeal from the roll. The principles governing the appealability of exceptions apply equally in the Labour Court and Labour Appeal Court. The court replaced the order of the Labour Appeal Court with an order striking the appeal from the roll with...

Citation
[2011] ZASCA 132
Parties
Appellant: Harry Mathew Charlton; Respondent: Parliament of the Republic of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
16 September 2011
Case Number
680/2010
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court
Outcome
Appeal upheld; Labour Appeal Court order set aside and replaced with an order striking the appeal from the roll with costs, including the costs of two counsel.
Judges
Brand, Van Heerden, Maya, Mhlantla, Meer
Legal Topics
Protected Disclosure, Automatic Unfair Dismissal, Exception Appealability, Jurisdiction of Labour Court, Unfair Dismissal, Labour Relations Act
Labour Law Civil Procedure Protected Disclosure Automatic Unfair Dismissal Exception Appealability Jurisdiction of Labour Court Unfair Dismissal Labour Relations Act

Case Brief

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Parties

Harry Mathew Charlton

Appellant

Parliament of the Republic of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court

Legal Issues

  1. 1 Whether the dismissal of exceptions in the Labour Court is appealable.
  2. 2 Whether disclosures made by the appellant about Members of Parliament are protected under the Protected Disclosures Act.
  3. 3 Whether the Labour Court had jurisdiction to adjudicate the ordinary unfair dismissal claims.

Ratio Decidendi

The Supreme Court of Appeal held that the Labour Appeal Court erred in entertaining the appeal against the dismissal of exception A, as the dismissal of an exception is generally not appealable unless it concerns jurisdiction. The court found that the Labour Court did not make a final determination on jurisdiction regarding exception F, and thus no appeal could arise in relation to it. The Labour Appeal Court should have struck Parliament's appeal from the roll. The principles governing the appealability of exceptions apply equally in the Labour Court and Labour Appeal Court. The court replaced the order of the Labour Appeal Court with an order striking the appeal from the roll with...

Court Disposition

Appeal upheld; Labour Appeal Court order set aside and replaced with an order striking the appeal from the roll with costs, including the costs of two counsel.

Orders

  • The appeal is upheld with costs, including the costs of two counsel, where applicable.
  • The order of the Labour Appeal Court is set aside and replaced with: 'The appeal is struck from the roll with costs, including the costs of two counsel.'